Henrietta N.M., Respondent-Appellant, et al., Respondent. v. << (2007)

Respondent mother (respondent) appeals from an order terminating her parental rights on the ground of mental illness pursuant to Social Services Law § 384-b(4)(c) rather than from the subsequent amended order.   In the exercise of our discretion, we treat the notice of appeal as valid and deem the appeal as taken from the amended order (see Matter of Ruggieri v. Bryan, 23 A.D.3d 991, 803 N.Y.S.2d 839;  see also CPLR 5520 [c] ).  We conclude that Family Court's determination that respondent is presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for her children is supported by clear and convincing evidence (see generally Matter of Damion S., 300 A.D.2d 1039, 752 N.Y.S.2d 476).   Contrary to the contention of respondent, “ ‘[t]he mere possibility that [her] condition, with proper treatment, could improve in the future is insufficient to vitiate [the court's determination]’ ” (id. at 1039, 752 N.Y.S.2d 476;  see Matter of Trebor UU., 295 A.D.2d 648, 650, 743 N.Y.S.2d 605;  Matter of Harris AA., 285 A.D.2d 755, 756-757, 727 N.Y.S.2d 769).

It is hereby ORDERED that the amended order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: